High court sides with Pentagon

The Supreme Court lifted part of a Texas judge’s order Friday and ruled 6-3 that the U.S. military may refuse to deploy Navy SEALs or other troops who have refused to be vaccinated for COVID-19, citing their religious beliefs.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.

The decision is a victory for the Biden administration and Secretary of Defense Lloyd Austin, who last year required all service personnel to be vaccinated. In November, the Pentagon said 99.4% of the troops were vaccinated.

In a brief unsigned order, the justices set aside lower court rulings that would prevent “the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions.”

Under the Constitution, “the president of the United States, not any federal judge, is the Commander in Chief of the Armed Forces,” Justice Brett Kavanaugh said in a concurring opinion. “I see no basis in this case for employing the judicial power in a manner that military commanders believe would impair the military of the United States as it defends the American people.”

In dissent, Alito and Gorsuch faulted the majority for “rubber stamping” the government’s vaccination order and for “brushing aside” the religious objections raised by the SEALs.

In recent months, the justices stopped the federal government from enforcing vaccination mandates on all private employers, but they have allowed states, hospitals and school districts to require vaccinations for their own employees.

For decades, the high court has repeatedly said judges must defer to the military and its commanders on matters involving order and discipline within the ranks.